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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETN. NO.5387/2011

Ali Asghar Sheikhinayathusain and others

-vs-

M/s. Noble Printing Press and another

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Office notes, Office Memoranda of

Coram, appearances, Court's orders

Court's or Judge's Orders.

or directions and Registrar's orders.

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Shri S.Ahmed, counsel for the petitioners.

CORAM : SMT. VASANTI A. NAIK, J.

DATE : 22.12.2011.

Heard the learned counsel for the petitioners.

By this petition, the petitioners impugn an order

passed by the trial Court on 02/08/2011 rejecting an

application filed by the petitioners for permission to examine

one Mrs.Kamlabai on commission.

The petitioners are the tenants and wanted to

examine Mrs. Kamlabai to prove the rent receipts allegedly

issued by her in favour of the petitioners. It was the case of the

petitioners that Mrs. Kamlabai was bedridden and could not

attend the Court, hence, he applied for examining

Mrs.Kamlabai on commission. The application was, however,

rejected on 16/10/2010. The Court observed that Mrs.Kamlabai

was attending the clinic for medical treatment and was taking

treatment from an ayurvedic medical practitioner which

showed that she was not so serious. After this application was

rejected, the petitioners again applied for examining

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Mrs.Kamlabai on commission on the basis of Bailiff Report

dated 26/02/2011. It was stated in the Bailiff Report that

Mrs.Kamlabai was taken to hospital as she was not well. The

ladies in the house of Mrs.Kamlabai, however, refused to state

so in writing.

The trial Court again rejected the application filed

by the petitioners by the impugned order dated 02/08/2011.

The Court observed that there was no medical certificate filed

on record to show that Mrs.Kamlabai was bedridden and was

unable to move. The Court thought that the second application

should not have been moved when the first one was dismissed.

The order cannot be said to be illegal or perverse. The order

cannot be interfered with in exercise of the writ jurisdiction

because another view of the matter may be possible.

In the result, the writ petition fails and is dismissed

with no order as to costs.

JUDGE

KHUNTE